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2016 Supreme(HP) 1936
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Dharam Chand Chaudhary, J.
Amrish Kamal & another – Petitioners
Versus
State of Himachal Pradesh – Respondent
Cr.MP(M) No. 1349 of 2016
Decided On : 30-11-2016
For the Petitioner: Mr. Virender Thakur
For the Respondent: Mr. Pramod Thakur, Mr. D.W. Negi, Mr. Ashwani Sharma
The court balanced the seriousness of the offence with the lack of initial disclosure by the victims, ultimately granting bail with stringent conditions to maintain peace and teaching atmosphere in the university.
Headnote:
Bail - University Campus Violence - Indian Penal Code - Sections 147, 148, 149, 307, 323, 506 - 143, 188, 34 - 219/2014, 147/2016 - 15.11.2016, 21.11.2016, 24.11.2016
Fact of the Case:
The accused-petitioners, students of Himachal Pradesh University, were involved in a clash between student organizations resulting in injuries to several individuals. They were arrested and sought bail, while the state argued that their repeated involvement in violence and rioting on the university campus posed a challenge to maintaining peace and a congenial atmosphere.
Finding of the Court:
The court acknowledged the seriousness of the offence but noted that the victims did not initially disclose the accused-petitioners' involvement. Stringent bail conditions were imposed to ensure the maintenance of peace and teaching atmosphere in the university.
Issues: The main issue was whether the accused-petitioners should be granted bail despite their involvement in a heinous crime and their history of violence and rioting on the university campus.
Ratio Decidendi: The court balanced the seriousness of the offence with the lack of initial disclosure by the victims, ultimately granting bail with stringent conditions to maintain peace and teaching atmosphere in the university.
Final Decision: The accused-petitioners were ordered to be admitted on bail with stringent conditions, including personal bond, reporting to the police post, and restrictions on their activities within the university campus.
Dharam Chand Chaudhary, J.
Petitioners are accused in FIR No. 236 of 2016 registered against them and their co-accused in Police Station, West, Shimla under Sections 147, 148, 149, 307, 323 and 506 of the Indian Penal Code.
2. Accused-petitioner Amrish Kamal is pursuing his studies in Law department of Himachal Pradesh University, whereas accused-petitioner Jeewan Singh is a student of Tribal studies. On 1.10.2016, an information qua clash between student organizations having taken place was received in Police Post, Summer hill. The In-charge, Police Post rushed to the spot. The victim of the occurrence Shri Ashish Kumar has reported that 25-30 students belonging to Student Federation of India (SFI) who were reinstated by the University Authority only on that day assaulted the complainant and his companion with Khukri, Darat, Rods and Dandas in a planned manner and as a result there of the members of the complainant party Pankaj Kumar, Ramesh Bisht, Praynjal Joshi, Rahul Sudan, Fakir Chand, Akshay, Vishal Verma, Deepak, Ashish and others had sustained injuries on their person. The complainant allegedly was thrown out from Y.S. Parmar hostel by the assailants. He was found to have received multiple grievous injuries on various part of his body. The accused party allegedly threatened the complainant party to do away with their lives and also proclaimed “have you forgotten past incidents”. The names of the assailants were disclosed to be the co-accused of the accused-petitioners. The complainant did not disclose the name of the accused-petitioners being the assailants in the report he lodged with the police. On the basis of the report lodged by Ashish Kumar aforesaid the police has lodged the FIR and started conducting investigation in the case. The names of the assailants disclosed by the complainant in the report were arrayed as accused in the FIR.
3. During the investigation, it transpired that the accused persons after forming an unlawful assembly attacked the complainant party and had threatened to do away with their lives to achieve the common objective of the unlawful assembly. The accused-petitioners as such were arrested on the next day i.e. 2.10.2016. The injured Pankaj Kumar, Ramesh Bisht, Vishal Verma and Praynjal Joshi had disclosed the names of the accused-petitioners being also the assailants in their statements recorded on 3.10.2016. Being so, accused-petitioner Amrish Kamal was arrested on 3.10.2016, whereas accused-petitioner Jeewan Singh on 4.10.2016. They both are now lying confined in judicial custody.
4. This petition has been sought to be dismissed on the grounds, inter-alia, that the accused-petitioners are involved in the commission of a heinous crime. Also that past criminal history is in their credit as FIR No. 219/2014 was registered against accused-petitioner Amrish Kamal under Sections 143, 149 and 34 of the Indian Penal Code at Police Station, Sadar Solan, whereas FIR No. 147/2016 under Sections 143 and 188 of the Indian penal Code against accused-petitioner Jeewan Singh in Police Station, Sadar Shimla. Criminal cases so registered against them are now pending disposal in the Court. It has also been urged that both accused are habitual offenders and previously also were found to have indulged in committing violence and rioting in the University campus.
5. While Mr. Thakur, learned Counsel representing the accused-petitioners has argued that the accused-petitioners are not hardened criminals and that they being the students of University were pursuing their studies sincerely may be dealt with leniently in the matter of grant of bail. Mr. Pramod Thakur, learned Additional Advocate has, however, urged that the on account of repeated incidents of violence and rioting in the University campus, it has become a great challenge to the University authorities and also the local police to maintain peace and congenial atmosphere in the University. The accused-petitioners and their companions are frequently
